The 'question' referred under s 93D(5) of the Workers' Compensation and Injury Management Act 1981 (WA) is 'what is the degree of disability', not whether disability exceeds a specific percentage. A Form 22A re-referral under s 93EA(3) raises the 'same question' as the original Form 22 even where the nominated disability level differs. The Director cannot refuse to accept a Form 22A on the basis that the claimed percentage has changed.
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